COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

                           COUNTY OF CUYAHOGA

                               NO. 59907


   STATE OF OHIO                    :
                                    :
                                    :
           PLAINTIFF-APPELLEE       :    JOURNAL ENTRY
                                    :
   v.                               :        AND
                                    :
   ANDRE MITCHELL                   :      OPINION
                                    :
                                    :
           DEFENDANT-APPELLANT      :


   DATE OF ANNOUNCEMENT
   OF DECISION:                     APRIL 9, 1992

   CHARACTER OF PROCEEDING:         Criminal appeal from
                                    Common Pleas Court,
                                    Case No. 241463.


   JUDGMENT:                        DISMISSED.

   DATE OF JOURNALIZATION:


   APPEARANCES:

   For Plaintiff-appellee:          Stephanie Tubbs Jones
                                    Cuyahoga County Prosecutor
                                    Deborah Naiman
                                    Assistant County Prosecutor
                                    The Justice Center
                                    1200 Ontario Street
                                    Cleveland, Ohio  44113

   For Defendant-appellant:         Maureen F. Calderwood, Esq.
                                    The Leader Building, #1050
                                    526 Superior Avenue
                                    Cleveland, Ohio 44114



















                                  -2-


   SWEENEY, JAMES D., J.:

        Defendant-appellant Andre Mitchell was convicted of carrying

   a concealed weapon in violation of R.C. 2923.12;  impersonating a

   police officer in  violation of R.C.  2921.51; and possession  of

   criminal tools in  violation of R.C.  2923.24.   On May 8,  1990,

   appellant was sentenced to six months incarceration on count one;

   two  to fifteen years on count two;  and eighteen months on count

   three.   The execution  of sentence was  suspended, and appellant

   was placed on one  year probation on condition that  he pay costs

   and refrain from using alcohol and drugs.

        Appellant  timely  filed  his  appeal,  and set  forth  four

   assignments of error.   No stay of execution of  sentence pending

   appeal is indicated  in the record.  There is  also no indication

   in the record that appellant was adjudicated a probation violator

   during the term of his probation.   Absent any contrary facts  in

   the record, this  court must  presume regularity  and assume  the

   defendant  fulfilled  his  probationary requirements.    State v.

   Pence  (April  28, 1988),  Cuyahoga  App. No.  53918, unreported.

   Therefore,  we  presume  appellant   successfully  completed  his

   sentence.

        As this court stated in State v. Andrews (October 27, 1988),

   Cuyahoga App. No. 54573, unreported:

                In State v.  Berndt (1987), 29 Ohio  St. 3d,
           the Supreme Court held that "'W)here a defendant,
           convicted  of   a  criminal   offense,  has   ***
           completed  the  sentence  for  that  offense,  an
           appeal is moot  when no evidence is  offered from
           which  an   inference  can  be   drawn  that  the
           defendant will suffer some  collateral disability












                                  -3-


           or   loss  of   civil   rights  from   such   ***
           conviction.'"  Id. at 4,  quoting State v. Wilson
           (1975), 41 Ohio  St. 2d 236.   See also State  v.
           Pence (April 28, 1988), Cuyahoga  App. No. 53918,
           unreported; State  v.  Julious  (Feb.  6,  1985),
           Hamilton  App.  No.  C-840372, unreported.    The
           burden of presenting this evidence rests with the
           defendant.  Berndt, supra.

        Appellant has not claimed such a disability or loss of civil

   rights.  Therefore, this appeal is dismissed as moot.

        Appeal dismissed.

















































                                  -4-


        This cause is dismissed.

        Costs assessed to the  appellant.

        It is  ordered that a special mandate  be sent to said court

   to carry this judgment into execution.

        A certified copy of this entry shall  constitute the mandate

   pursuant  to  Rule  27  of  the  Rules  of  Appellate  Procedure.

   Exceptions.


   JOHN T. PATTON, P.J., and

   AUGUST PRYATEL, J.*, CONCUR.


                                           JAMES D. SWEENEY
                                                JUDGE


   (*SITTING BY ASSIGNMENT:   August Pryatel, Retired Judge of Court
   of Appeals of Ohio, Eighth Appellate District.)









   N.B.    This entry is made pursuant to the third sentence of Rule
   22(D),  Ohio  Rules   of  Appellate  Procedure.     This  is   an
   announcement of  decision (see Rule 26).   Ten (10) days from the
   date  hereof   this  document   will  be   stamped  to   indicate
   journalization, at which  time it  will become  the judgment  and
   order of the  court and time period for review will begin to run.



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